The UK Home Office has come under renewed scrutiny after it emerged that dozens of individuals and asylum seekers who were victims of modern slavery or trafficking were wrongly detained in immigration detention centres, despite formal rulings that they were vulnerable and should not have been held.
According to information released to the BBC following a Freedom of Information request, at least 56 people with confirmed trafficking or slavery status were detained under immigration powers in 2023. In each case, the Home Office later admitted that the detention had been a mistake and issued formal apologies to those affected.
The immigration detentions occurred after the individuals had received positive “conclusive grounds” decisions, meaning that the Government had already accepted that they were victims of modern slavery or human trafficking. Under existing policy, such individuals should only be detained in exceptional circumstances, due to the heightened risks they face while in custody.
The Home Office attributed the errors to “administrative mistakes”, but legal professionals and campaigners have described the findings as deeply troubling. Critics argue that the detentions not only breach government policy but may also violate the UK’s obligations under international human rights law, including the European Convention on Human Trafficking.
Mr Garth Coates, Principal Partner at Garth Coates Solicitors, commented:
“The wrongful detention of confirmed trafficking victims is an extremely serious failure. These are individuals already recognised as having experienced severe exploitation and trauma. The immigration system must uphold their protection, not exacerbate their harm. Clear safeguards are in place, and failure to follow them cannot be excused as mere oversight.”
The findings raise concerns about systemic issues in the processing and management of vulnerable individuals within the UK’s immigration and asylum system. Legal experts have called for urgent reforms to ensure better coordination between the Home Office’s trafficking and immigration enforcement teams, and for stronger accountability mechanisms to prevent recurrence.
Charities working with survivors of trafficking have also noted that wrongful detention can deter victims from seeking help, fearing they may be criminalised or detained instead of being offered protection.
The Home Office has stated it is reviewing internal procedures and has reiterated its commitment to supporting victims of modern slavery. However, critics maintain that apologies must be matched by structural reform, especially in the context of broader immigration enforcement practices that have come under sustained criticism in recent years.
Garth Coates Solicitors continues to advocate for lawful and humane treatment of all individuals subject to immigration control, especially those formally recognised as vulnerable. The firm remains committed to providing legal representation to clients affected by wrongful detention, trafficking, and asylum matters.
